Labor laws of the philippines - Chan Robles and Associates Law Firm

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Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
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C. Kinds of Employees:
• Distinction Between Managerial, Supervisory
and Rank-and-File Employees 1996/2003
• Distinction Between Managerial Employees
and Supervisory Employees 2002
• Distinction Between the Rights of Managerial Employees
and Members of Managerial Staff 1994
D. Management Prerogatives:
• Management Rights and Prerogatives 1994/2000
• Precedence Between Management Prerogatives
and Employee’s Security of Tenure 1993
• Benefits Unilaterally Granted 2005
• Contracting Out of Services 1994
E. Validity of Non-Competition Clause:
• Validity of a Stipulation in an Employment Contract
Prohibiting Employment in a Competing Company
Within One Year From Separation 2009
THE LABOR CODE AS BASIS OF
QUESTIONS IN THE BAR EXAMINATIONS
The roots of bar examination questions are readily traceable. Each question 2 finds its
basis either in the provisions of the Labor Code or special laws related to labor or pieces of
jurisprudence. The survey of the questions given in the Bar Examinations for the last twenty (20)
years (1990 to 2009) unearthed this incontrovertible fact.
Hereunder is a topical presentation of all the questions in the Bar Examination in Labor
Law from 1990 to 2009 which find their mooring in the Labor Code. The presentation follows the
codal provisions of the Labor Code, that is, from Books I to VII.
SUBJECT MATTERS IN BOOK I OF THE LABOR CODE
GIVEN IN THE BAR EXAMINATION
A. Declaration of Basic Policy (Article 3):
• Policies in Article XIII, Section 3 of the Constitution
2
Except in the 2006 Bar Examination where the following question which has no bearing on Labor Law was asked (No.
IX thereof): “-IX-
“Armstrong Corporation, a foreign corporation, intends to engage in the exploration of
Philippine natural resources. Mr. Antonio Reyes offered the forest land he owns to the president of the
corporation. May Armstrong Corporation enter into a financial and technical assistance agreement
(FTAA) with Mr. Reyes to explore, develop, and utilize the land Explain. 5%”
4
Bar Review Guide on Labor Law 2010 Bar Examinations Prof. Joselito Guianan Chan
NOTICE: Selling these NOTES is ABSOLUTELY PROHIBITED!!!
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